We should never have helped in Bali nine case: top lawyer

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Australian Federal Police should not have helped Indonesian
authorities build a case against the Bali nine because it was
obvious they would face the death penalty, according to the
nation's peak law body.

Indonesian police have confirmed that Australian officers helped
build the case against the nine Australians caught with more than
eight kilograms of heroin in Bali last April.

Law Council of Australia president John North said help should
never have been provided in the case of the Bali nine because it
was against Australian law to support cases that carry the death
penalty.

"The AFP would clearly know that drug smuggling in Indonesia in
cases like these carries the death penalty," Mr North said.

"If they know that they are in Indonesia and they are going to
get charged, then they are going to get shot."

Police handed their case against the Bali nine to prosecutors
last week and charges against the Australians are expected to be
filed in the Denpasar District Court in the coming weeks.
Prosecutors have already revealed they will seek the death penalty
for alleged drug mule Renae Lawrence.

The head of Bali's anti-narcotics unit, Bambang Sugiarto told
The Sun-Herald that the AFP passed on information before and
after the arrests.

"The kind of information the Australian police gave us about the
Bali nine was their activities in Australia, like where they would
meet together," Superintendent Sugiarto said.

"After arresting them, we requested copies of any criminal
records they had and other information about their activities in
Australia to help us prepare the dossiers against them. The
Australian police told us about Lawrence facing court on vehicle
theft charges."

A spokesman for Justice Minister Chris Ellison said the AFP was
allowed to help the Indonesian police until they were charged.
After charges have been laid, the AFP must get permission to help
from the Minister for Justice or from the Attorney-General.

However, it is against Australian law for a minister to allow
the police to help if the death penalty could be used, except in
special circumstances.

Sources familiar with the case said this could create
difficulties for the AFP down the track because AFP evidence would
have to be verified in the Indonesian court after the charges were
laid.

A spokesman for Senator Ellison said it was not possible to
comment on whether permission would be granted to the AFP to
continue helping with the Bali nine case after charges were
laid.

Earlier this month, the AFP indicated to Parliament that it
would help Indonesian police, even if it knew that charges would
eventuate in the death penalty.

When federal agent Mike Phelan was asked by Labor Senator Joe
Ludwig whether the AFP would keep helping "for a likely charge that
would eventuate in the death penalty" before charges were laid, he
answered, "yes".

A Senate inquiry has recommended that policies on how the AFP
acts should be reviewed.

"In particular, the Government should ensure appropriate
ministerial supervision of assistance provided to overseas
jurisdictions by Australian law enforcement agencies, where that
assistance may expose Australians overseas to cruel, harsh or
inhumane treatment or punishment, including the death penalty," the
Senate committee recommended.

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1124435179233-smh.com.auhttp://www.smh.com.au/news/world/we-should-never-have-helped-in-bali-nine-case-top-lawyer/2005/08/20/1124435179233.htmlsmh.com.auThe Sun-Herald2005-08-21We should never have helped in Bali nine case: top lawyerCatharine MunroWorld